20200579 Ver 1_Mitigation Bank Instrument_20210623

ID#* 20200579 Version* 1
Select Reviewer:*
Katie Merritt
Initial Review Completed Date 08/31/2021
Mitigation Project Submittal - 6/23/2021
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
r" Stream r- Wetlands r` Buffer V Nutrient Offset
(Select all that apply)
Project Contact Information
Company/Owner:* City of Wilson
Contact Name:* Email Address:*
Noah Parsons [e-mail]
Project Information
Project Type: r DMS r Mitigation Bank
Project Name: 2020-0579 Whirligig Station
County: Wilson
Document Information
Mitigation Document Type:*
Mitigation Bank Instrument
File Upload: 2020-0579 Wilson _NOBI_Whirligig.pdf 6.78MB
Rease upload only one RDF of the corrplete file that needs to be subrritted...
Signature
Print Name:* Heather Rosa
Signature:*

AGREEMENT TO ESTABLISH THE CITY OF WILSON WHIRLIGIG STATION NUTRIENT OFFSET BANKING
INSTRUMENT IN THE NEUSE RIVER BASIN FOR NUTRIENT OFFSET CREDITS PURSUANT TO THE NEUSE
NUTRIENT MANAGEMENT STRATEGY
TABLE OF CONTENTS
I.
PREAMBLE...........................................................................................................................................2
II.
LOCATION AND GEOGRAPHIC SERVICE AREA.....................................................................................
2
III.
AUTHORITIES.......................................................................................................................................2
IV.
ESTABLISHMENT OF NUTRIENT OFFSET SCM.....................................................................................3
V.
STORMWATER MANAGEMENT PLAN.................................................................................................4
VI.
POST CONSTRUCTION DOCUMENTATION..........................................................................................4
VII.
CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS.................................................................7
Vill.
CREDIT RELEASE SCHEDULE................................................................................................................9
IX.
PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS.........................................9
X.
BANK CLOSURE..................................................................................................................................11
XI.
GENERAL PROVISIONS.......................................................................................................................11
APPENDICES
A - City of Wilson Limits and Extraterritorial Jurisdictions
B - Division of Water Resources Authority Document
C - Rule Text 15A NCAC 02B .0295
D - Rule Text 15A NCAC 02B .0703
E - Nitrogen Nutrient Offset Ledger Template
F - City Entities and Roles
G - Stormwater Management Plan Approval Letter
H - Whirligig Station Sand Filter Stormwater Control Measure Drainage Area
I - Memorandum of Agreement (Including Operation and Maintenance Agreement)
J - City of Wilson Current Stormwater Management Fund Balance Sheet
K - Certificate of Liability Insurance
L - City of Wilson Stormwater Master Accounts and Budget
1

I. PREAMBLE
This Nutrient Offset Banking Instrument ("Instrument") regarding the establishment, use, operation,
and maintenance of the Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure Site
("Nutrient Offset SCM") to provide Neuse Nutrient Strategy nutrient load reduction credit ("Nutrient
Offset Credits") is made and entered into by and among the City of Wilson ("City") Stormwater
Division acting as the Bank Sponsor ("Sponsor"), the City of Wilson Engineering Division acting as the
"Long -Term Steward", and the North Carolina Department of Environmental Quality — Division of
Water Resources ("DWR"). The Sponsor will be rewarded the Nutrient Offset Credits and will be
responsible for this Instrument. This Instrument is in accordance with 15A NCAC 02B .0703 (Appendix
B).
The purpose of the Nutrient Offset Bank is:
A. To generate and sell any resulting Nutrient Offset Credits to third parties located within the City's
limits including extraterritorial jurisdictions (ETJs) of the City for development (both existing and
proposed) and for use on City projects requiring such nutrient offsets. See Appendix A for exhibit
of City's limits and ETJs.
II. LOCATION AND GEOGRAPHIC SERVICE AREA
A. The Geographic Service Area ("GSA") is the designated area wherein a Bank can reasonably be
expected to sell Nutrient Offset Credits for impacts due to development activities.
B. The Site is located within the Neuse River Basin in the State of North Carolina, United States
Geological Survey ("USGS") 8-digit Hydrologic Unit Code ("HUC") 03020203 within the City.
C. Sale or transfer of Nutrient Offset Credits shall be limited to the 8-digit HUC 03020203 in the
Neuse River Basin and within the City limits and extraterritorial jurisdiction of the City, excluding
the Tar -Pamlico Watershed, unless otherwise authorized by DWR in accordance with 15A NCAC
02B .0295 (Appendix C).
D. The Nutrient Offset SCM is located within the City, NC and is being used as a parking area. The
project is located at 35.724181' N and 77.912967' W.
III. AUTHORITIES
A. The Bank will be used to provide Nutrient Offset Credit in accordance with the requirements in
the DWR Authority document referenced herein as "Appendix B" and attached to this Instrument.
B. Projects eligible for utilization of the credits are those requiring authorization under the
requirements of Appendix B and any new approved North Carolina ("State") statutes and rules
for the Neuse Nutrient Sensitive Waters Management Strategy.
C. The selling of nutrient offset credits generated from the Nutrient Offset SCM approved under this
instrument, shall be consistent with approved State statutes and rules for the Neuse Nutrient
Sensitive Waters Management Strategy.
2

D. Nutrient load reduction activities proposed under this Instrument and corresponding Stormwater
Management Plan (SMP) to generate Nutrient Offset Credits shall be consistent with State
statutes and rules for the Neuse Nutrient Sensitive Waters Management Strategy that are in place
at the time a complete SMP is submitted to DWR.
IV. ESTABLISHMENT OF NUTRIENT OFFSET SCM
A. In accordance with 15A NCAC 02B .0703 (c and d) and 15A NCAC 02H .1050 through .1062, DWR
approved the Whirligig Station Sand Filter Stormwater Management Plan (SMP) and
corresponding Operation and Maintenance (O&M) Agreement. The approved SMP included the
modified sand filter design calculations and nitrogen offset calculations by McAdams as well as
the original design calculations by Bartlett. The O&M agreement included the agreement itself
and the maintenance requirements for the SCM. Table 1.0 below outlines the timeline associated
with the DWR approval of the Site proposed under this Instrument:
Table 1.0—SCM Approval
Details
Nutrient Offset
DWR Site
SMP Approval
SCM
DWR Project ID#
Evaluation
SMP (Final Draft)
Letter
Whirligig Station
Sand Filter
2020-0579
N/A
May 11, 2020
June 5, 2020
Nutrient Offset
(Appendix G)
SCM
B. The Nutrient Offset SCM proposed for inclusion under this Instrument shall require a SMP be
submitted to, and approved, by DWR prior to approval of the Site for nutrient offset purposes.
C. The DWR approved SMP will be submitted under this instrument will be placed on public notice
along with the draft Instrument, however, only this Instrument will be made available for public
commenting for 15 days.
D. The Nutrient Offset SCM is expected to provide Nutrient Offset Credits in accordance with 15A
NCAC 02B .0703 as well in accordance with the DWR-approved Operation and Maintenance
(O&M) Agreement (See Appendix F). The Nutrient Offset SCM is expected to provide Nutrient
Offset Credit as follows:
1. Nitrogen loading reductions as provided by the Whirligig Station Sand Filter System
SCM located on the Nutrient Offset SCM. The underground storage and sand filter
SCM, Whirligig Station Sand Filter Nutrient Offset Stormwater Control Measure, is
located between Tarboro Street SW and Goldsboro Street SW in the downtown area
of Wilson, North Carolina. The SCM treats approximately 8.61 acres of impervious
area.
E. An As -built Report is required by DWR and shall include all the required documentation as
provided in Section VI to demonstrate that the SCM was constructed per the approved Plan and
Specifications.
3

V. STORMWATER MANAGEMENT PLAN
A. A Stormwater Management Plan (SMP) was submitted to the DWR for review under 15A NCAC
02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-d). The SMP was approved on June
5, 2020. The SMP included Operation and Maintenance measures that would be required for the
SCM.
Permitting
B. The Sponsor obtained an erosion control permit from the North Carolina Division of Energy,
Mineral, and Land Resources needed for construction and to maintain the Nutrient Offset SCM.
This Instrument does not qualify as, or substitute for, such documentation, permit, or
authorization.
Construction
C. Construction of the Nutrient Offset SCM began in June 2020 after DWR approved the SCM design
via the SMP Approval letter (June 5, 2020). Construction was completed in July of 2020.
D. Requests for deviation from the approved SMP must be submitted to DWR in writing. Written
approval from the DWR must be received prior to implementing any deviation from the approved
SMP.
VI. POST CONSTRUCTION DOCUMENTATION
As -Built Report
A. The Sponsor agrees to perform all necessary work, in accordance with the provisions of this
Instrument and corresponding SMP, to establish, operate, and maintain the SCM until Items B (1)
and (2) of Section X have been satisfied.
B. The Sponsor will submit an as -built plan for the Nutrient Offset SCM after receiving approval of
this Instrument and prior to any nutrient offset credits being released by the DWR. The As -Built
report will describe any deviation from the approved SMP and will document the following:
1. Stormwater SCMs: outlet structure information, surface area/volume calculations,
hydrograph routing information, photo point locations as appropriate.
2. Aerial map of the Nutrient Offset SCM that was included in the approved SMP.
Inspection and Maintenance Reports
C. One (1) annual report shall be submitted to DWR every year for five (5) consecutive years and
shall be submitted by December 31. In accordance with the Operation and Maintenance
Agreement provided in Appendix I, the Nutrient Offset SCM should be inspected quarterly and
within 24 hours after a storm event greater than 1.0 inches. Reports and records of operation,
M

inspection, and maintenance should be kept in a known set location to be available upon request.
Annual Reports shall include all the following documentation:
1. Detailed O&M form completed.
2. Best available recent aerial images.
3. Photos and photo point locations.
4. Inspection report, summary or other detailed description of inspections performed that
year.
5. Renewal documentation of financial assurances that have been secured for the SCM.
6. Documentation that the fund (established for the SCM operation and maintenance) has
been adequately budgeted for the next fiscal year.
D. Inspection activities should be performed in accordance with the Operation and Maintenance
Manual's detailed list of potential problems. DWR highly recommends that Operation and
Maintenance of the Nutrient Offset SCM be performed by a trained certified professional in
stormwater best management practices which can be found at the following link:
https://www.bae.ncsu.edu/workshops-conferences/stormwater-bmp/
E. Afinal onsite evaluation of the Nutrient Offset SCM maybe required to be performed after receipt
of the fifth annual report, by DWR to determine compliance with the O&M Agreement as well as
compliance with this Instrument. Full compliance must be achieved prior to final credit release
issuance by the DWR.
Contingency Plans/Remedial Actions
F. In the event the Nutrient Offset SCM fails to comply with the SMP and corresponding Operation
and Maintenance Agreement, the Sponsor shall develop necessary contingency plans in
coordination with DWR and implement appropriate remedial actions for the Nutrient Offset SCM.
Depending on the degree of remedial actions required, DWR may temporarily or permanently
invalidate permanent credits generated by an SCM if it determines that the SCM has been
impacted due to failure to comply with the terms of an associated project plan, nutrient offset
banking instrument, easement, maintenance agreement, other protective agreement, or 15A
NCAC 02B .0703 (g)(4).
Property Disposition & Long -Term Management
G. The SCM shall be placed in and protected by recorded drainage easements with recorded access
easements to the nearest public right-of-way for purposes of operation and maintenance. These
easements shall be granted in favor of the person or entity responsible for operating and
maintaining the structures, with a note as to the responsible person or entity. Easements shall be
of sufficient width for inspection and maintenance of the project.
H. Prior to the release of any credits, the Sponsor will record permanent maintenance and access
easements at the Wilson County Register of Deeds sufficient to ensure protection, operation, and
maintenance of the SCM in perpetuity in accordance with Section V, E. Lands that shall also be
protected in perpetuity shall be those that were converted as part of the approved SMP, unless
those areas are part of the catchment area of the Nutrient Offset SCM. These lands are illustrated
in Appendix H.
E

I. The form of the maintenance easement shall be consistent with the standards employed by the
State of North Carolina in the protection of SCM areas and shall be approved by the DWR prior to
the release of any credits.
J. The Sponsor shall not grant additional easements, right of ways, or any other property interest in
or to the project areas, without prior approval from the DWR.
Additionally, the Sponsor shall not alter the land cover that is draining to the catchment area of
the Nutrient Offset SCM, which is illustrated in Appendix H. Examples of altering land cover
would include but not be limited to adding Built Upon Area or impervious surfaces.
Financial Assurances
K. For replacement costs, the City has two fund balances to rely on in an event that SCM replacement
or major repair is needed, the Stormwater Management Fund (see Appendix J) and the General
Fund (see current City of Wilson Annual Budget). As a local government with a stormwater utility
fee and ability to employ tax dollars from its citizens, the City has a reliable annual income within
the Stormwater Management Fund to utilize for replacement costs of the SCM. Because these
funds are sources from the City's citizens, the City has a responsibility to perform repairs within a
responsible time frame. (Additionally, the City has an obligation to maintain the Nutrient Offset
SCM's functionality per the Hominy Swamp Restoration Plan for Category 4b demonstration.)
Therefore, major repairs to the Nutrient Offset SCM would be prioritized from these available
funds initially. However, in the case that the replacement costs are greater than the available
Stormwater Management Fund balance, the General Fund would be utilized. The City is obligated
to maintain an undesignated fund balance equal to or greater than 8% of the overall General Fund
operating budget. Please see the current City of Wilson Annual Budget for more detailed
information.
L. In addition to the Stormwater Management Fund and the General Fund, the City is self -insured
through a carrier (see Appendix Q. The Risk Management Fund is funded annually within the
General Fund equal to the policy's deductible amount. If the cost of the SCM replacement or
major repair is greater than the $500,000 deductible amount, either the Stormwater
Management Fund or the Risk Management Fund will finance the replacement or repair up to
$500,000 and the insurance policy will go into effect for the remaining cost.
M. To use funds from any City account (Stormwater Management Fund, General Fund, or Risk
Management Fund) for SCM replacement or major repairs, the City's Stormwater Manager must
seek approval from City Council to initiate the budget amendment. Although not anticipated, if
neither the Stormwater Management Fund or the Replacement Fund has ample funds to finance
the replacement or repair up to the deductible, a budget amendment would be requested
through City Council. This process will be considered acknowledged and approved through City
Council approval of this Instrument.
N. Following approval of the Instrument, the Sponsor shall provide documentation to DWR
demonstrating and itemizing annual operation and maintenance costs and commit to adding
those costs to the City budget as an expenditure line item, Nutrient Offset SCM Maintenance and
Repair, in the Stormwater Management Fund (Appendix J) in perpetuity. An account, "Whirligig
Nutrient Offset Site SCM Annual Maintenance" (XXX-XXXX-XXX.XX-XX), will be created with a
0

minimum amount to be budgeted annually of $6,150 within the City of Wilson Stormwater Master
Accounts and Budget (Appendix M). This account will be included in the City's budget in a manner
that is protected in perpetuity. As the SCM (sand filter and sedimentation chamber) is a portion
of a larger underground detention and treatment device, the cost of the SCM was derived from
the total construction cost of $844,000. The SCM encompasses approximately 41.4% of the total
area of the underground detention and treatment device, therefore construction cost of the SCM
is considered $349,416. The cost of materials (sand filter media, underdrains, etc.) of the SCM
was $60,000. Therefore, the overall SCM cost is considered $410,000. The Whirligig Nutrient
Offset Site SCM Annual Maintenance budget of $6,150 is 1.5% of the total construction cost of
the sand filter portion of the overall SCM ($410,000). The percentage of the total construction
cost of the sand filter (1.5%) is based upon the assumption that the overall maintenance budget
should be 15% of the total construction cost of the sand filter portion of the SCM and that full
replacement of the sand filter media and materials would only occur approximately every ten (10)
years.
O. Documentation of the City's budget will be provided to DWR annually at the end of the fiscal year
for the initial five years of the established Bank. The completed year's final budget records will be
provided along with the upcoming year's budget plan to demonstrate compliance with the
commitment detailed above in Section VI, K-N.
P. The initial nutrient offset credit release will not occur until the completion of construction, as -
built certification, recordation of the deed and plat with easements, and the establishment of an
operation and maintenance agreement, therefore, a performance bond will not be provided by
the City for this Nutrient Offset SCM.
VII. CALCULATION OF NITROGEN NUTRIENT OFFSET CREDITS
Nutrient Offset Credits
A. Nutrient Offset Credit Generation by the SCM: The Sponsor and DWR agree:
The calculations provided in the approved SMP estimate that the proposed Nutrient Offset SCM
is likely to generate approximately 63.89 pounds (lbs) of Permanent Nitrogen Nutrient Offset
Credits per year (or 1,916.7 pounds) if designed, constructed, implemented, and sustained as
proposed in the SMP. The City will record Nutrient Offset Credit generation and sells in pounds
using the ledger provided in Appendix E until DWR transitions buyers and sellers of nutrient offset
credits to units of pounds per year, at which time the ledger should be modified to accommodate
the new units.
7

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Vill. CREDIT RELEASE SCHEDULE
A. Upon submittal of all appropriate documentation by the Sponsor, and subsequent approval by
DWR, it is agreed that the nutrient offset credits associated with the Whirligig Station Nutrient
Offset SCM will become available for sale by the City of Wilson Stormwater Division in accordance
with Section II and the Credit Release Schedule below in Table 2.0
Table 2.0 - Credit Release Schedule for Nutrient Offset Credit Provided in Pounds
Credit
Available for
Task
Project Milestone
Sale
SMP Approved, O&M Agreement Approved & Recorded, Instrument
1
Approved, Post Construction Financial Assurances Secured, Complete As-
1,533.36 (80%)
Built Report & Engineer's Certificate Received, Maintenance & Access
Easements Recorded
2
Year 1 Inspection & Maintenance Report approved by DWR* and
76.67 (o
4/ )
confirmation of funding provided for the next full year.
3
Year 2 Inspection & Maintenance Report approved by DWR* and
76.67 (o
4/ )
confirmation of funding provided for the next full year.
4
Year 3 Inspection & Maintenance Report approved by DWR* and
76.67 (4%)
confirmation of funding provided for the next full year.
Year 4 Inspection & Maintenance Report approved by DWR*, confirmation
5
of funding provided for the next full year, and the Memorandum of
76.67 (4%)
Agreement (MOA) referenced in Item C Section X must be signed by all
applicable parties.
6
Year 5 Inspection & Maintenance Report approved by DWR* and
76.67 (o
4/ )
confirmation of funding provided for the next full year.
1,916.70
Tota 1
(100%)
DWR Approval provided upon a determination that the site is in compliance with the Operation
and Maintenance Agreement and the SCM is functioning as intended. Initial Monitoring Report
Inspection shall be conducted by an NCSU Stormwater SCM Construction Inspection certified
third -party entity.
B. DWR may modify the Credit Release Schedules based on the information submitted or the order
in which required information is received. DWR will notify the Sponsor of any modification to the
credit release schedule.
IX. PROCEDURE FOR DEBITING AND CREDITING NUTRIENT OFFSET CREDITS
Credit Ledgers
A. The Sponsor shall maintain one credit ledger for the Nutrient Offset SCM under this Instrument:
The credit ledger shall provide the accounting for the Nitrogen Nutrient Offset Credits in pounds
per year.
B. The credit ledger shall be submitted on a separate 8 % in. x 11 in. spreadsheet with legible font
style and font size. All ledgers shall be submitted using the templates provided in Attachment E
of this Instrument or any updated versions to this template as provided by DWR.
0

C. The ledger needs to be submitted monthly and in accordance with Item F below.
Credit Processing
D. Nutrient Offset Credits generated from this Site will be used to offset nitrogen nutrient loads
within the 03020203 HUC of the Neuse River Basin, specifically those areas within that HUC that
are located within the City Limits and Extraterritorial Jurisdiction of the City, excluding any areas
within the Tar -Pamlico Watershed, in accordance with 15A NCAC 02B .0703. Please reference
Appendix A for map of included areas.
E. The Sponsor shall obtain written verification of nutrient offset need from a designated local
government within the 03020203 HUC of the Neuse River Basin (excluding the Tar -Pamlico
Watershed) or from the Division of Energy Minerals and Land Resources (DEMLR), prior to
debiting Nutrient Offset Credits from the Nutrient Offset SCM. DWR must approve each credit
sell transaction prior to completion of sale prior to debiting Nutrient Offset Credits from the
Nutrient Offset SCM.
F. All credit and debit transactions for the Site under this Instrument shall be accurately depicted in
the credit ledger. The Sponsor shall submit an accurate and up-to-date credit ledger for the
Nutrient Offset SCM by the 10th of each month. At a minimum and only upon request, DWR shall
receive a hard copy of the updated credit ledger along with corresponding Nutrient Offset Credit
Transfer Certificates and all corresponding letters from City or DWR where applicable once a year.
Notification of all credit sales shall be provided to DWR until all credits that have been released
have been sold.
G. These Nutrient Offset credits will not be sold to the Division of Mitigation Services through any
Request for Proposals (RFP).
Nutrient Offset Credit Transfer Certificates
H. All credit sales will include a Nutrient Offset Credit Transfer Certificate ("Certificate") that is
required to be provided to the buyer of Nutrient Offset Credits, that will include, at a minimum,
the following information;
1. Bank Details: (1) Sponsor Name, (2) Site name as it appears in this Instrument and, (3)
DWR project number for the SMP.
2. Credit Details: (1) date of receipt, (2) identify if full or partial payment, and (3- when
applicable) amount of Nitrogen Nutrient Offset Credits purchased in pounds and
confirmation from the City or DWR of the amount required.
3. Permitted Project Details: (1) project name as it appears on DWR or local government
permits and/or certifications, (2) 8-digit HUC, (3) river basin, (4) nutrient strategy
applicable to the project with impacts, and (5 — when applicable) designated local
government (City) requiring Nutrient Offset Credits for this project.
10

I. If DWR determines the Bank is operating at a deficit (e.g. the Sponsor is closing on sales and/or
transferring credit that is not available), or the Bank is selling credits out of compliance with
statutes, rules or this Agreement, the sale/transfer of credits will immediately cease, and the
DWR, in consultation with the Sponsor, will determine what remedial actions are necessary.
X. BANK CLOSURE
A. Site Bank Closure shall be identified as the event when there are no Nitrogen Nutrient Offset
Credits left to be released by DWR or sold by the Sponsor and when expectations outlined in
this Instrument have been achieved. At the time of the Bank Closure, the Sponsor is not relieved
of maintenance responsibilities and the financial assurances associated with required
maintenance.
B. Nutrient Offset SCM Bank Closure shall commence only after all credits have been released by
DWR and fully debited in compliance with this Instrument and updated ledgers showing zero
credit balances have been submitted and approved by DWR.
C. Nutrient Offset SCM Bank Closure shall commence only after:
1. The Memorandum of Agreement has been signed by all applicable parties.
2. Operation and Maintenance Agreement referenced in Section IV has been deeded and
recorded with the Wilson County Register of Deeds, along with the access and
maintenance easements as detailed in Section VI G. and H.
3. All five (5) Inspection and Maintenance Reports referenced in Section VIII have been
submitted and approved by DWR.
D. Operation and Maintenance Inspections must continue to be performed, as detailed in Section
VI, C. and D., in perpetuity. All records will be kept by the Sponsor and will be made available to
DWR upon request.
XI. GENERAL PROVISIONS
A. Upon the presentation of proper credentials, and during normal business hours, the Sponsor shall
grant permission to the Director of DWR, or an authorized representative of the Director of DWR
to enter the property containing the Nutrient Offset SCM.
B. Amendments: This Banking Instrument may be amended or modified only with written approval
of all signatory parties, including the USACE if it is applicable to the amendment.
C. Any transfer of the Sponsor's rights or obligations outlined in this Instrument or any other
agreement referenced in this Instrument to a third party must be approved by DWR prior to the
transfer.
D. Force Majeure: If an event occurs before 100% of all the credits have been released in accordance
with the credit release schedule in Section VIII, the Sponsor shall take remedial action to restore
the property to its condition prior to the event, in a manner sufficient to provide adequate
nutrient offset credits to cover credits that were sold prior to the occurrence of the event. Such
remedial action shall be taken by the Sponsor only to the extent necessary and appropriate, as
determined by DWR and the Sponsor.
11

Force Majeure: After 100% of all the credits have been released in accordance with the credit
release schedule in Section Vill, the Sponsor will be responsible for any SCM failure that is
attributed to natural catastrophes including but not limited to flood, drought, disease, regional
pest infestation, etc. Adequate funding and appropriate financial assurances must be in place by
the Sponsor to fund remedial actions necessary to restore the SCM.
DWR must concur in writing that a force majeure event has occurred for this provision to apply.
E. Oversight: Actions taken by DWR may include, but are not limited to, the following:
1. Site visits,
2. Issuance of Plan Approval Letters and Site Viability Letters,
3. SMP review and approval of items listed in Section V of this Instrument,
4. As -Built Plan review and approval of items listed in Section VI of this Instrument,
5. Annual Monitoring Report review and approval of items listen in Section VI of this
Instrument,
6. Credit Ledger review and approval of items listen in Section IX of this Instrument,
7. Certificate review of items listed in Section IX of this Instrument and cross analysis to
credit ledgers and,
8. Information requests, file reviews and audits.
Reports, ledgers, files and other information shall be made available to DWR upon request, unless
otherwise specified in this or any other document.
F. Validity of this Instrument: This Instrument will become valid on the date of the last party's
signature.
G. Specific Language of this Instrument Shall Be Controlling: To the extent that specific language in
this document changes, modifies, or deletes terms and conditions contained in those documents
that are incorporated into the Instrument by reference, and that are not legally binding, the
specific language within the Instrument shall be controlling.
H. Any disputes over decisions regarding this Instrument, shall be referred to the Director of DWR
for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S.
150 B.
I. This Agreement shall be binding upon the parties and is entered into knowingly, intelligently and
voluntarily.
J. Notices: All Notices and other communication which may be or are required to be given or made
by any party to the other shall be in writing and shall be deemed to have been properly given and
received on the date delivered in person, received via email with a delivery receipt requested, or
deposited in the United States mail, registered or certified, return receipt requested, to the
addresses set out below or at such other addresses as specified by written notice delivered in
accordance herewith.
If to Bank Sponsor: 112 Goldsboro St. E.
Wilson, NC 27894
12

Attn: Noah Parsons, Stormwater Manager
City of Wilson Stormwater Division
If to DWR: NC Division of Water Resources — 401 & Buffer Permitting Branch
Attn: Nutrient Offset and Buffer Mitigation Banking Coordinator
1617 Mail Service Center
Raleigh, NC 27699-1617
J. Applicable Law: This Agreement shall be construed under the laws of the State of North Carolina.
CITY OF WILSON, NORTH CAROLINA
By:
(Print)
(Signature)
Title:
Date:
NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY -DIVISION OF WATER RESOURCES
By:
(Print)
(Signature)
Title:
Date:
13

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Appendix B
Authorities pertaining to the Nutrient Offset Banking Instrument
General Statutes:
G.S. §143-214.11 Ecosystem Enhancement Program
G.S. §143-214.26 Nutrient Offset Credits
G.S. §143-214.7 Stormwater runoff rules and programs
G.S. §143-215.8B Basinwide Water Quality Management Plans
Session Laws
S.L. 2015-246
S.L. 2015-149
S.L. 2014-90
S.L. 2014-120
S.L. 2013-413
S.L. 2013-121
S.L. 2013-265
S.L. 2012-200 (Amendment to G.S. §143-214.23 and G.S. §143-215.1) S.L. 2011-343 (Amendment to G.S.
§ 143-214.11)
S.L. 2009- 337 (Amendment to G.S. §143-214.11)
Administrative Rules:
15A NCAC 02B .0202 Definitions
15A NCAC 02B .0223 Nutrient Sensitive Waters
15A NCAC 02B .0703 Nutrient Offset Payments
Neuse River Basin Buffer and Neuse Nutrient Strategy
Session Laws
S.L. 2019-86
S.L. 2011-394
S.L. 1998-221 (Part 1)
S.L. 1995-572
Administrative Rules:
15A NCAC 02B .0701 Nutrient Strategies Definitions
15A NCAC 02B .0710 Neuse Nutrient Strategy: Purpose & Scope
15A NCAC 02B .0711 Neuse Nutrient Strategy: Stormwater
15A NCAC 02B .0712 Neuse Nutrient Strategy: Agriculture
15A NCAC 02B .0241 Delegation of Authority for the Protection and Maintenance of Existing Riparian
Buffers
1

Appendix C
15A NCAC 02B .0295 MITIGATION PROGRAM REQUIREMENTS FOR PROTECTION AND
MAINTENANCE OF RIPARIAN BUFFERS
(a) PURPOSE. The purpose of this Rule is to set forth the mitigation requirements that apply to applicants listed in
Paragraph (c) of this Rule and to set forth requirements for buffer mitigation providers.
(b) DEFINITIONS. For the purpose of this Rule, these terms shall be defined as follows:
(1) "Authority" means either the Division or a local government that has been delegated or designated
pursuant to Rules .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter to implement the
riparian buffer program.
(2) "Compensatory Buffer Mitigation Bank" means a buffer mitigation site created by a mitigation
provider and approved for mitigation credit by the Division through execution of a mitigation
banking instrument.
(3) 'Division" means the Division of Water Resources of the North Carolina Department of
Environment and Natural Resources.
(4) "Enhancement Site" means a riparian zone site characterized by conditions between that of a
restoration site and a preservation site such that the establishment of woody stems (i.e., tree or
shrub species) will maximize nutrient removal and other buffer functions.
(5) "Hydrologic Area" means the Watershed Boundary Dataset (WBD), located at no cost at
http://data.nconemap.com/geoportal/catalog/search/resource/details.page?uuid={ 16A42F31-
6DC7-4EC3-88A9-03E6B7D556531 using the eight -digit Hydrologic Unit Code (HUC) prepared
by the United States Geological Survey.
(6) "Locational Ratio" means the mitigation ratio applied to the mitigation requirements based on the
location of the mitigation site relative to the impact site as set forth in Paragraph (f) of this Rule.
(7) "Mitigation banking instrument" means the legal document for the establishment, operation, and
use of a mitigation bank.
(8) "Monitoring period" means the length of time specified in the approved mitigation plan during
which monitoring of vegetation success and other anticipated benefits to the adjacent water as
listed in the mitigation approval is done.
(9) "Non -wasting endowment" means a fund that generates enough interest to cover the cost of the
long term monitoring and maintenance.
(10) "Outer Coastal Plain" means the portion of the state shown as the Middle Atlantic Coastal Plain
(63) on Griffith, et al. (2002) "Ecoregions of North and South Carolina." Reston, VA, United
States Geological Survey available at no cost at
http://www.epa. gov/wed/page s/ecoregions/nc sc_eco.htm.
(11) "Preservation Site" means riparian zone sites that, as determined by a site visit conducted by the
Authority, are characterized by a forest consisting of the forest strata and diversity of species
appropriate for the location.
(12) "Restoration Site" means riparian zone sites that are characterized by an absence of trees and by a
lack of dense growth of smaller woody stems (i.e., shrubs or saplings) or sites that are
characterized by scattered individual trees such that the tree canopy is less than 25 percent of the
cover and by a lack of dense growth of smaller woody stems (i.e., shrubs or saplings).
(13) "Riparian buffer mitigation unit" means a unit representing a credit of riparian buffer mitigation as
set forth in Paragraph (m) of this Rule.
(14) "Riparian wetland" means a wetland that is found in one or more of the following landscape
positions:
(A) in a geomorphic floodplain;
(B) in a natural topographic crenulation;
(C) contiguous with an open water equal to or greater than 20 acres in size; or
(D) subject to tidal flow regimes excluding salt/brackish marsh wetlands.
(15) "Stem" means a woody seedling, sapling, shrub, or tree, no less than 10 centimeters in height.
(16) "Urban" means an area that is either designated as an urbanized area under the most recent federal
decennial census available at no cost at http://www.census.gov/ or is located within the corporate
limits of a municipality.
(17) "Zonal Ratio" means the mitigation ratio applied to impact amounts in the respective zones of the
riparian buffer as set forth in Paragraph (e) of this Rule.
(c) MITIGATION REQUIREMENTS. Buffer mitigation is required when one of the following applies:

(1) The applicant has received an authorization certificate for impacts pursuant to Rule .0233, .0243,
.0250, .0259, .0267, or .0607 of this Subchapter and is required to perform mitigation as a
condition of the authorization certificate; or
(2) The applicant has received a variance pursuant to Rule .0233, .0243, .0250, .0259, .0267, or .0607
of this Subchapter and is required to perform mitigation as a condition of a variance approval.
Any applicant covered under this Paragraph shall submit to the Authority a written mitigation proposal that
calculates the required area of mitigation and describes the area and location of each type of proposed mitigation.
The applicant shall not impact buffers until the Authority approves the mitigation plan and issues written approval.
(d) AREA OF IMPACT. The Authority shall determine the area of impact in square feet to each Zone as defined
by the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter of the proposed riparian buffer
by adding the following:
(1) The area of the footprint of the use impacting the riparian buffer;
(2) The area of the boundary of any clearing and grading activities within the riparian buffer
necessary to accommodate the use; and
(3) The area of any ongoing maintenance corridors within the riparian buffer associated with the use.
The Authority shall deduct from this total the area of any wetlands that are subject to and compliant with riparian
wetland mitigation requirements under 15A NCAC 02H .0506 and are located within the proposed riparian buffer
impact area.
(e) AREA OF MITIGATION REQUIRED ON ZONAL MITIGATION RATIOS. The Authority shall determine
the required area of mitigation for each Zone by applying each of the following ratios to the area of impact
calculated under Paragraph (d) of this Rule:
Basin/Watershed
Zone 1 Ratio
Zone 2 Ratio
Neuse River Basin (15A NCAC 02B .0233)
3:1
1.5:1
Catawba River Basin (15A NCAC 02B .0243)
2:1
1.5:1
Randleman Lake Watershed (15A NCAC 02B .0250)
3:1
1.5:1
Tar -Pamlico River Basin (15A NCAC 02B .0259)
3:1
1.5:1
Jordan Lake Watershed (15A NCAC 02B .0267)
3:1
1.5:1
Goose Creek Watershed (15A NCAC 02B .0607)
3:1A
A The Goose Creek Watershed does not have a Zone 1 and Zone 2. The mitigation ratio in the Goose
Creek Watershed is 3:1 for the entire buffer.
(f) AREA OF MITIGATION REQUIRED ON LOCATIONAL MITIGATION RATIOS. The applicant or
mitigation provider shall use the following locational ratios as applicable based on location of the proposed
mitigation site relative to that of the proposed impact site. Locational ratios shall be as follows:
Location
Ratio
Within the 12-di it HUCA
0.75:1
Within the eight -digit HUCB
1:1
Outside of the eight -digit HUCB
2:1
A Except within the Randleman Lake Watershed. Within the Randleman Lake Watershed
the ratio is 1: 1.
B Except as provided in Paragraph (g) of this Rule.
(g) GEOGRAPHIC RESTRICTIONS ON LOCATION OF MITIGATION. Mitigation shall be performed in the
same river basin where the impact is located with the following additional specifications:
(1) In the following cases, mitigation shall be performed in the same watershed where the impact is
located:
(A) Falls Lake Watershed, as defined in Rule .0275 of this Section;
(B) Goose Creek Watershed, as defined in Rule .0601 of this Subchapter;
(C) Randleman Lake Water Supply Watershed, as defined in Rule .0248 of this Section;
(D) Each subwatershed of the Jordan Lake watershed, as defined in Rule .0262 of this
Section; and
(E) Other watersheds as specified in riparian buffer protection rules adopted by the
Commission.
(2) Buffer mitigation for impacts within watersheds with riparian buffer rules that also have federally
listed threatened or endangered aquatic species may be done within other watersheds with the

same federally listed threatened or endangered aquatic species as long as the impacts are in the
same river basin as the mitigation site.
(h) MITIGATION OPTIONS FOR APPLICANTS. The applicant may propose any of the following types of
mitigation:
(1) Riparian buffer restoration or enhancement pursuant to Paragraph (n) of this Rule;
(2) Payment of a compensatory mitigation fee to a compensatory buffer mitigation bank pursuant to
Paragraph (i) of this Rule or payment of a compensatory mitigation fee to the Riparian Buffer
Restoration Fund pursuant to Paragraph 0) of this Rule. Payment shall conform to the
requirements of G.S. 143-214.20;
(3) Donation of real property or of an interest in real property pursuant to Paragraph (k) of this Rule;
(4) Alternative buffer mitigation pursuant to Paragraph (o) of this Rule; or
(5) Other buffer mitigation as approved by the Environmental Management Commission as a
condition of a variance approval.
(i) PURCHASE OF BUFFER MITIGATION CREDITS FROM A PRIVATE OR PUBLIC COMPENSATORY
BUFFER MITIGATION BANK. Applicants who choose to satisfy some or all of their mitigation by purchasing
mitigation credits from a private or public compensatory buffer mitigation bank shall meet the following
requirements:
(1) The compensatory buffer mitigation bank from which credits are purchased shall have available
riparian buffer credits approved by the Division;
(2) The compensatory buffer mitigation bank from which credits are purchased shall be located as
described in Paragraphs (e), (f), and (g) of this Rule; and
(3) After receiving a mitigation acceptance letter from the compensatory buffer mitigation bank, proof
of payment for the credits shall be provided to the Authority prior to any activity that results in the
removal or degradation of the protected riparian buffer.
0) PAYMENT TO THE RIPARIAN BUFFER RESTORATION FUND. Applicants who choose to satisfy some or
all of their mitigation requirement by paying a compensatory mitigation fee to the Riparian Buffer Restoration Fund
shall meet the requirements of Rule .0269 of this Section. Payment made to the NC Division of Mitigation Services
(DMS) shall be contingent upon acceptance of the payment by the DMS. The DMS shall consider their financial,
temporal, and technical ability to satisfy the mitigation request to determine whether they shall accept or deny the
request.
(k) DONATION OF PROPERTY. Applicants who choose to satisfy their mitigation requirement by donating real
property or an interest in real property to fully or partially offset an approved payment into the Riparian Buffer
Restoration Fund pursuant to Paragraph 0) of this Rule shall do so in accordance with 15A NCAC 02R .0403.
(1) MITIGATION SITE REQUIREMENTS FOR APPLICANTS AND MITIGATION PROVIDERS. For each
mitigation site proposed by an applicant or mitigation provider under Paragraphs (n) or (o) of this Rule, the
Authority shall identify functional criteria to measure the anticipated benefits of the mitigation to the adjacent water.
The Authority shall issue a mitigation determination that specifies the area, type, and location of mitigation and the
water quality benefits to be provided by the mitigation site. All mitigation proposals shall meet the following
criteria:
(1) The location of the buffer mitigation site shall comply with the requirements of Paragraphs (f) and
(g) of this Rule. In the Catawba watershed, buffer mitigation may be done along the lake
shoreline as well as along intermittent and perennial stream channels throughout the watershed.
(2) The mitigation proposal shall include a commitment to provide:
(A) a perpetual conservation easement or similar preservation mechanism to ensure perpetual
stewardship that protects the mitigation site's nutrient removal and other water quality
functions;
(B) a non -wasting endowment or other dedicated financial surety to provide for the perpetual
land management and hydrological maintenance of lands and maintenance of structures
as applicable; and
(C) financial assurance in the form of a completion bond, credit insurance, letter of credit,
escrow, or other vehicle acceptable to the Authority payable to, or for the benefit of, the
Authority in an amount sufficient to ensure that the property is secured in fee title or by
easement, and that planting or construction, monitoring and maintenance are completed
as necessary to meet success criteria as specified in the approved mitigation plan. This
financial assurance obligation shall not apply to the NC DMS.

(3) Diffuse flow of runoff shall be maintained in the riparian buffer. Any existing impervious cover
or stormwater conveyances such as ditches, pipes, or drain tiles shall be eliminated and the flow
converted to diffuse flow. If the applicant or mitigation provider determines that elimination of
existing stormwater conveyances is not feasible, then they shall include a justification and shall
provide a delineation of the watershed draining to the stormwater outfall and the percentage of the
total drainage by area treated by the riparian buffer with the mitigation plan specified in Paragraph
(n) or (o) of this Rule for Authority approval. During mitigation plan review and approval, the
Authority may reduce credit proportionally.
(4) Sewer easement within the buffer. If the proposed mitigation site contains a sewer easement in
Zone 1, that portion of the sewer easement within Zone 1 shall not be suitable for buffer
mitigation credit. If the proposed mitigation site contains a sewer easement in Zone 2, the portion
of the sewer easement in Zone 2 may be suitable for buffer mitigation credit if:
(A) the applicant or mitigation provider restores or enhances the forested buffer in Zone 1
adjacent to the sewer easement;
(B) the sewer easement is required to be maintained in a condition that meets the vegetative
requirements of the collection system permit; and
(C) diffuse flow is provided across the entire buffer width.
(5) The applicant or mitigation provider shall provide a site specific credit/debit ledger to the
Authority at regular intervals as specified in the mitigation plan approval or mitigation banking
instrument once credits are established and until they are exhausted.
(6) Buffer mitigation credit, nutrient offset credit, wetland mitigation credit, and stream mitigation
credit shall be accounted for in accordance with the following:
(A) Buffer mitigation used for buffer mitigation credit shall not be used for nutrient offset
credits;
(B) Buffer mitigation credit shall not be generated within wetlands that provide wetland
mitigation credit required by 15A NCAC 02H .0506; and
(C) Buffer mitigation credit may be generated on stream mitigation sites as long as the width
of the restored or enhanced riparian buffer meets the requirements of Subparagraph (n)(1)
of this Rule.
(m) RIPARIAN BUFFER MITIGATION UNITS. Mitigation activities shall generate riparian buffer mitigation
units as follows:
Mitigation Activity
Square Feet of
Mitigation Buffer
Riparian Buffer
Mitigation Units Generated
Restoration Site
1
1
Enhancement Site
2
1
Preservation Site on Non -Subject Urban Streams
3
1
Preservation Site on Subject Urban Streams
3
1
Preservation Site on Non -Subject Rural Streams
5
1
Preservation Site on Subject Rural Streams
10
1
(n) RIPARIAN BUFFER RESTORATION SITE OR ENHANCEMENT SITE. Authority staff shall make an on -
site determination as to whether a potential mitigation site qualifies as a restoration site or enhancement site as
defined in Paragraph (b) of this Rule. Riparian buffer restoration sites or enhancement sites shall meet the following
requirements:
(1) Buffer restoration sites or enhancement sites may be proposed as follows:
Buffer width (ft)
Proposed
Percentage
of Full Credit
Less than 20
0 %
20-29
75 %
30-100
100 %
101-200
33%

(2) The applicant or mitigation provider shall submit a restoration or enhancement mitigation plan to
the Authority for written approval. The plan shall demonstrate compliance with the requirements
of this Paragraph and Paragraphs (1) and (m) of this Rule and shall also contain the following:
(A) A map of the proposed restoration or enhancement site;
(B) A vegetation plan that shall detail the activities proposed to ensure a final performance
standard of 260 stems per acre at the completion of monitoring. The final performance
standard shall include a minimum of four native hardwood tree species or four native
hardwood tree and native shrub species, where no one species is greater than 50 percent
of stems. Native hardwood and native shrub volunteer species may be included to meet
the final performance standard of 260 stems per acre. The Authority may approve
alternative vegetation plans upon consideration of factors, including site wetness and
plant availability, to meet the requirements of this Part;
(C) A grading plan (if applicable). The site shall be graded in a manner to ensure diffuse
flow through the entire riparian buffer;
(D) A schedule for implementation, including a fertilization and herbicide plan if applicable;
and
(E) A monitoring plan to document whether the site is expected to meet the final performance
standards as defined in Part (n)(2)(B) of this Rule and other anticipated benefits to the
adjacent water. The plan shall include a proposed schedule and method for monitoring
the vegetative status of the restoration or enhancement site for five years, including the
health and average stem densities of native hardwood tree or tree and shrub species that
are to be counted toward the final performance standard.
(3) Within one year after Authority approval of the mitigation plan, the applicant or mitigation
provider shall present documentation to the Authority that the riparian buffer has been restored or
enhanced unless the applicant or mitigation provider requests, and the Authority agrees in writing
prior to that date, to a longer time period.
(4) The applicant or mitigation provider shall submit written annual reports, unless an alternative
schedule has been approved by the Authority during the mitigation plan approval, for a period of
five years after completion of the activities identified in Part (n)(2)(B) of this Rule at the
restoration site or enhancement site showing:
(A) compliance with the monitoring plan approved pursuant to Part (n)(2)(E) of this Rule;
and
(B) that diffuse flow through the riparian buffer has been maintained.
If the Authority determines that the native hardwood tree or tree and shrub species at the site are not
expected to meet the final performance standards listed in Part (n)(2)(B) of this Rule, then the Authority
may require that the applicant or mitigation provider replace trees or trees and shrubs as needed during that
five-year period. If the Authority determines that diffuse flow through the buffer is not being maintained,
then the Authority may require that the applicant or mitigation provider restore diffuse flow. If the
Authority determines that the final performance standards listed in Part (n)(2)(B) of this Rule have not been
achieved at the end of the five-year monitoring period, the Authority may require additional years of
monitoring. The Authority shall make determinations referenced in this Subparagraph on a site specific
basis based on the annual reports, any supplemental information submitted by the applicant or mitigation
provider, or a site evaluation by the Authority.
(o) ALTERNATIVE BUFFER MITIGATION OPTIONS. Alternative buffer mitigation options are detailed in this
Paragraph. Any proposal for alternative buffer mitigation shall be provided in writing to the Division, shall meet the
content and procedural requirements for approval by the Division, shall meet the requirements set out in Paragraphs
(1) and (m) of this Rule and the requirements set out in the named Subparagraph of this Paragraph addressing that
applicable alternative buffer mitigation option:
(1) Retroactive Credit. Alternative buffer mitigation sites constructed and within the required
monitoring period on the effective date of this Rule shall be eligible for use as alternative buffer
mitigation sites. Alternative buffer mitigation sites that have completed monitoring and were
released by the Division on or within the past 10 years of the effective date of this Rule shall be
eligible for use as alternative buffer mitigation sites. All alternative buffer mitigation site
proposals submitted under this Subparagraph shall meet the following:
(A) A map or maps of the proposed alternative buffer mitigation site;

(B) Documentation of pre-existing conditions showing that the proposed alternative buffer
mitigation site met the criteria to qualify for the applicable alternative buffer mitigation
type identified in the applicable Subparagraph of this Paragraph;
(C) Documentation of the activities that were conducted at the proposed alternative buffer
mitigation site to meet success criteria identified in the applicable Subparagraph of this
Paragraph; and
(D) Documentation that the proposed alternative buffer mitigation site met the success
criteria identified in the applicable Subparagraph of this Paragraph.
These alternative buffer mitigation sites shall receive credit in accordance with the criteria set
forth in Paragraph (m) and Subparagraph (n)(1) of this Rule.
(2) Coastal Headwater Stream Mitigation. Wooded buffers planted along Outer Coastal Plain
headwater stream mitigation sites may also be approved as riparian buffer mitigation credit if the
site meets all applicable requirements of Paragraph (n) of this Rule. In addition, all success
criteria specified in the approval of the stream mitigation site by the Division shall be met. The
area of the buffer shall be measured perpendicular to the length of the valley being restored. The
area within the proposed buffer mitigation site shall not also be used as wetland mitigation.
(3) Buffer Restoration and Enhancement on Non -Subject Streams. Restoration or enhancement of
buffers may be conducted on intermittent or perennial streams that are not subject to the applicable
Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter. These streams shall be
confirmed as intermittent or perennial streams by Division staff certified per G.S. 143-214.25A
using the Division publication, "Methodology for Identification of Intermittent and Perennial
Streams and Their Origins (v.4.11, 2010)" available at no cost at
http://portal.ncdenr.org/web/wq/swp/ws/401/waterresources/streamdetemiinations. The proposal
shall meet all applicable requirements of Paragraph (n) of this Rule.
(4) Preservation of Buffer on Non -Subject Streams. Preservation of buffers on intermittent or
perennial streams that are not subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or
.0607 of this Subchapter may be proposed in order to permanently protect the buffer from cutting,
clearing, filling, grading, and similar activities that would affect the functioning of the buffer.
These streams shall be confirmed as intermittent or perennial streams by Division staff certified
per G.S. 143-214.25A using the Division publication, "Methodology for Identification of
Intermittent and Perennial Streams and Their Origins (v4.11, 2010)." The preservation site shall
meet the requirements of Subparagraph (n)(1) of this Rule and the requirements set forth in 15A
NCAC 02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation
site shall comprise of no more than 25 percent of the total area of buffer mitigation.
(5) Preservation of Buffers on Subject Streams. Buffer preservation may be proposed on streams that
are subject to the applicable Rule .0233, .0243, .0250, .0259, .0267, or .0607 of this Subchapter in
order to permanently protect the buffer from cutting, clearing, filling, grading, and similar
activities that would affect the functioning of the buffer beyond the protection afforded by the
existing buffer rules on sites that meet the definition of a preservation site. The preservation site
shall meet the requirements of Subparagraph (n)(1) and the requirements set forth in 15A NCAC
02R .0403(c)(7), (8), and (11). The area of preservation credit within a buffer mitigation site shall
comprise of no more than 25 percent of the total area of buffer mitigation.
(6) Enhancement of grazing areas adjacent to streams. Buffer credit at a 2:1 ratio shall be available
for an applicant or mitigation provider who proposes permanent exclusion of grazing livestock
that otherwise degrade the stream and riparian zone through trampling, grazing, or waste
deposition by fencing the livestock out of the stream and its adjacent buffer. The applicant or
mitigation provider shall provide an enhancement plan as set forth in Paragraph (n) of this Rule.
The applicant or mitigation provider shall demonstrate that grazing was the predominant land use
since the effective date of the applicable buffer rule.
(7) Mitigation on ephemeral channels. For purposes of riparian buffer mitigation as described in this
Part, an "ephemeral channel' is defined as a natural channel exhibiting discernible banks within a
topographic crenulation (V-shaped contour lines) indicative of natural drainage on the 1:24,000
scale (7.5 minute) quadrangle topographic map prepared by the U.S. Geologic Survey, or as seen
on digital elevation models with contours developed from the most recent available LiDAR data,
available at no cost at http://www.ncfloodmaps.com/lidar.com. Ephemeral channels only flow for
a short period of time after precipitation in the drainage area and do not have periods of base flow

sustained by groundwater discharge. The applicant or mitigation provider shall provide a
delineation of the watershed draining to the ephemeral channel. The entire area proposed for
mitigation shall be within the contributing drainage area to the ephemeral channel. The ephemeral
channel shall be directly connected to an intermittent or perennial stream and contiguous with the
rest of the mitigation site protected under a perpetual conservation easement. The area of the
mitigation site on ephemeral channels shall comprise no more than 25 percent of the total area of
buffer mitigation. The proposal shall meet all applicable requirements of Paragraph (n) of this
Rule for restoration or enhancement. The proposal shall meet all applicable requirements of
Subparagraph (o)(4) or (o)(5) of this Rule for preservation.
(8) Restoration and Enhancement on Ditches. For purposes of riparian buffer mitigation as described
in this Part, a "ditch" is defined as a man-made channel other than a modified natural stream that
was constructed for drainage purposes. To be used for mitigation, a ditch shall meet all of the
following criteria:
(A) be directly connected with and draining towards an intermittent or perennial stream;
(B) be contiguous with the rest of the mitigation site protected under a perpetual conservation
easement;
(C) stormwater runoff from overland flow shall drain towards the ditch;
(D) be between one and three feet in depth; and
(E) the entire length of the ditch shall have been in place prior to the effective date of the
applicable buffer rule.
The width of the restored or enhanced area shall not be less than 30 feet and shall not exceed 50
feet for crediting purposes. The applicant or mitigation provider shall provide a delineation of the
watershed draining to the ditch. The watershed draining to the ditch shall be at least four times
larger than the restored or enhanced area along the ditch. The perpetual conservation easement
shall include the ditch and the confluence of the ditch with the intermittent or perennial stream,
and provide language that prohibits future maintenance of the ditch. The proposal shall meet all
applicable requirements of Paragraph (n) of this Rule for restoration or enhancement.
(9) Stormwater Treatment Options. All stormwater treatment options shall meet the following
requirements:
(A) Structural options already required by other local, state, or federal rule or permit cannot
be used as alternative buffer mitigation credit, except to the extent such measure(s)
exceed the requirements of such rule or permit. Stormwater Best Management Practices
(BMPs), including bioretention facilities, constructed wetlands, infiltration devices and
sand filters are all potentially approvable BMPs by the Division for alternative buffer
mitigation credit. Other BMPs may be approved only if they meet the nutrient removal
levels outlined in Part (o)(9)(B) of this Rule. Existing or planned BMPs for a local, state,
or federal rule or permit may be retrofitted or expanded to improve their nutrient removal
if this level of treatment is not required by other local, state, or federal rules. In this case,
the predicted increase in nutrient removal may be counted toward alternative buffer
mitigation credit;
(B) Minimum treatment levels: Any structural BMP shall provide at least 30 percent total
nitrogen and 35 percent total phosphorus removal as demonstrated by a scientific and
engineering literature review as approved by the Division. The mitigation proposal shall
demonstrate that the proposed alternative removes an equal or greater annual mass load
of nutrients to surface waters as the buffer impact authorized in the authorization
certificate or variance, following the calculation of impact and mitigation areas pursuant
to Paragraphs (d), (e), and (f) of this Rule. To estimate the rate of nutrient removal of the
impacted buffer, the applicant or mitigation provider may use the "NC Division of Water
Quality — Methodology and Calculation for determining nutrient reductions associated
with Riparian Buffer Establishment" available at no cost at
http://portal.ncdenr.org/c/document_ library/get _file?uuid=5 5 c3 75 8f-5 e27-46cf-823 7-
47f890d9329a&groupId=38364. The applicant or mitigation provider may propose an
alternative method of estimating the rate of nutrient removal for consideration and review
by the Division;
(C) All proposed structural BMPs shall follow the Division's "2009 Stormwater Best
Management Practice Design Manual" available at no cost at

http://portal.ncdenr.org/web/Ir/bmp-manual. If a specific proposed structural BMP is not
addressed in this Manual, the applicant or mitigation provider shall follow Chapter 20 in
this Manual for approval;
(D) All structural options are required to have Division approved operation and maintenance
plans;
(E) All structural options are required to have continuous and perpetual maintenance and
shall follow the Division's "2009 Stormwater Best Management Practice Design
Manual";
(F) Upon completion of construction, the designer for the type of BMP installed shall certify
that the system was inspected during construction and that the BMP was constructed in
conformity with plans and specifications approved by the Division;
(G) Removal and replacement of structural options: If a structural option is proposed to be
removed and cannot be replaced on -site, then a structural or non-structural measure of
equal or better nutrient removal capacity, as determined by calculations submitted to and
approved by the Division, in a location as specified by Paragraphs (f) and (g) of this Rule
shall be constructed as a replacement;
(H) Renovation or repair of structural options: If the applicant, mitigation provider, or the
Division determines that a structural option must be renovated or repaired, it shall be
renovated to provide equal or better nutrient removal capacity than as originally
designed; and
(I) Structural options, as well as their operation and maintenance, are the responsibility of
the landowner or easement holder unless the Division gives written approval for another
responsible party to operate and maintain them. Structural options shall be located in
recorded drainage easements for the purposes of operation and maintenance and shall
have recorded access easements to the nearest public right-of-way. These easements
shall be granted in favor of the party responsible for operating and maintaining the
structure, with a note that operation and maintenance is the responsibility of the
landowner, easement holder, or other responsible party.
(10) Approval for other alternative buffer mitigation options. Other alternative riparian buffer
mitigation options not specified within this Rule may be submitted to the Division for review and
recommendation to the Environmental Management Commission on a case -by -case basis. Any
proposal submitted under this Paragraph shall provide documentation or calculations to
demonstrate that the proposed alternative mitigation option removes an equal or greater annual
mass load of nutrients to surface waters as a riparian buffer. Upon completion of the Division's
review, and prior to recommendation to the Environmental Management Commission, the
Division shall issue a 30-calendar day public notice through the Division's website and the
DWRwetlands Listserve. Division staff shall present their recommendations, including comments
received during the public notice period, to the Environmental Management Commission for a
final decision. If approved by the Environmental Management Commission, the alternative buffer
mitigation option may be proposed by other applicants and mitigation providers.
History Note: Authority G.S. 143-214.1; 143-214.5; 143-214.7; 143-214.20; 143-215.3(a)(1); 143-215.6A; 143-
215.6B, 143-215.6C,• 143-215.8A; 143-215.8B; 143-282(c); 143B-282(d); S.L. 1998-221; S.L.
1999-329, s. 7.1; S.L. 2001-418, s. 4.(a); S.L. 2003-340, s. 5; S.L. 2005-190; S.L. 2006-259; S.L.
2009-337; S.L. 2009-486; S.L. 2014-95;
Temporary Adoption Eff. October 24, 2014;
Eff. November 1, 2015.

Appendix D
15A NCAC 02B .0703 NUTRIENT OFFSET CREDIT TRADING
(a) PURPOSE. The purpose of this Rule is to establish standards and procedures applicable to providers for
approval of nutrient reduction projects and associated nutrient offset credits that will be transferred to persons or
entities subject to nutrient rules of this Subchapter. Nutrient offset credit is distinct from nutrient accounting for
direct compliance with individual nutrient strategy rules, which is not governed by this Rule. Nutrient accounting
includes joint compliance by multiple local governments as authorized in individual nutrient strategy rules. Nutrient
offset credits represent a compliance option to the extent allowed by nutrient rules of this Subchapter, including:
(1) the Neuse Nutrient Strategy as set forth in Rule .0710 of this Section;
(2) the Tar -Pamlico Nutrient Strategy as set forth in Rule .0730 of this Section;
(3) the Jordan Lake Nutrient Strategy as set forth in Rule .0262 of this Subchapter, including to the
extent that the requirements of this Rule related to the nutrient offset credits are incorporated by
the Jordan Lake rules; and
(4) the Falls Lake Nutrient Strategy as set forth in Rule .0275 of this Subchapter, including to the
extent that the requirements of this Rule related to the nutrient offset credits are incorporated by
the Falls Lake rules.
(b) GEOGRAPHIC RESTRICTIONS. Nutrient offset credits may be used to satisfy regulatory obligations only
when generated by a nutrient reduction project within an allowable geographic area identified in G.S. 143-214.26, as
designated by the U.S. Geological Survey, with the following additional restrictions:
(1) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the upper Falls
watershed only if they were generated by a nutrient reduction project located within the upper
Falls watershed, as this geographic area is described in 15A NCAC 02B .0276.
(2) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the lower Falls
watershed only if they were generated by a nutrient reduction project located within the Falls Lake
watershed, as these geographic areas are described in 15A NCAC 02B .0276.
(3) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the Jordan Lake
watershed only if they were generated by a nutrient reduction project in the same subwatershed of
the Jordan Lake watershed, as these geographic areas are described in 15A NCAC 02B .0262.
(4) Nutrient offset credits may be used to satisfy regulatory obligations incurred in the Neuse 01 8-
digit cataloguing unit, as designated by the U.S. Geological Survey, outside of the Falls Lake
watershed only if they were generated by a nutrient reduction project located outside of the Falls
Lake watershed.
(5) Nutrient offset credits generated by nutrient reduction projects for compliance with an estuarine
nutrient strategy shall be generated in an area that is within or drains to:
(A) surface waters identified for restoration under the applicable nutrient -related TMDL or
nutrient strategy; or
(B) surface waters classified as SA, SB, or SC that fails to meet the chlorophyll -a water
quality standard in a subsequent integrated report.
(c) NUTRIENT OFFSET CREDIT APPROVAL STANDARD. Providers shall demonstrate that a nutrient
reduction project is designed, constructed, implemented, and sustained in a manner that, according to the best
available scientific evidence, studies, and principles, will generate the estimated nutrient load reduction for the
duration of time for which credits are approved. Nutrient offset credits shall be generated and transferred in
accordance with G.S. 143-214.26.
(d) QUANTIFYING NUTRIENT OFFSET CREDITS. The quantity of nutrient offset credits eligible to be
generated by a nutrient reduction project shall be determined according to the following provisions:
(1) Nutrient reduction credit sought on developed lands shall be calculated in relation to load
reductions achieved relative to the project site's current loading condition, as determined by the
provider and verified by the Division;
(2) Nutrient load reductions shall be site -specific estimates of decreases in annual mass load of
nitrogen or phosphorus to the nearest receiving surface water feature. Such estimates shall be
supported by the weight of evidence from available, current and applicable research, may involve
water quality modeling or engineering formulas and calculations, and shall reflect as closely as
possible project design specifications.
(3) Unless specifically excepted in Rule, reductions shall not include those already implemented to
satisfy other requirements under the same nutrient strategy; other local, State or federal
requirements; or those resulting from State or federal compensatory mitigation requirements.
Specifically, a nutrient reduction project shall not generate nutrient offset credits and buffer or

wetland mitigation credits in spatially overlapping areas. However, restored forest buffer areas
associated with stream mitigation projects may generate both stream and nutrient offset credits in
spatially overlapping areas within 50 feet from the top of the stream bank.
(4) Stream, buffer, or wetland mitigation credit that has not been used to satisfy a mitigation
requirement may be converted into nutrient offset credit if the credit -generating project or portion
thereof complies with this Rule.
(5) A nutrient reduction project may generate both nitrogen and phosphorus offset credits in the same
area.
(6) A nutrient reduction project may be designed to generate permanent nutrient offset credit or term
nutrient offset credit and shall specify which, or both, in the project plan. Permanent nutrient
reduction credits and term nutrient reduction credits shall be maintained separately, even if
associated with the same nutrient offset project.
(7) Permanent nutrient offset credits may be utilized for temporary compliance purposes. If so, for
each pound of annual term compliance credit received, 1/301 of one pound of permanent nutrient
offset credit shall be utilized and retired by removal from the applicable ledger.
(8) Nutrient offset credits that were approved prior to the adoption of this Rule may make application
to be reclassified. The Division shall approve the application associated with any nutrient offset
project to reclassify credits as permanent that meet the requirements for permanent credits at the
time of the application to be reclassified. Other nutrient offset credits that were approved prior to
the adoption of this Rule or that were conditionally approved pursuant to a mitigation banking
instrument or other agreement with DEQ prior to the adoption of this Rule, shall be considered
term credits and may be transferred between term and permanent ledgers at a ratio of 30 years of
term nutrient offset credit to one permanent nutrient offset credit.
(9) Term nutrient offset credits shall be associated with the calendar year or years in which the
associated nutrient load reductions are generated.
(e) PROJECT APPROVAL STANDARDS. Providers shall comply with the following requirements to request
approval from the Division to implement a nutrient reduction project for the purpose of generating nutrient offset
credits.
(1) NUTRIENT OFFSET BANKING INSTRUMENT. Providers seeking approval of a nutrient offset
bank shall submit their draft nutrient offset banking instrument to the Division prior to seeking
approval of project plans. A nutrient offset banking instrument shall provide legal and financial
assurances that a provider will implement, maintain, and sustain nutrient reduction projects as
proposed in subsequent project plans and associated nutrient reduction practice design
specifications.
(2) PROJECT PLAN REQUIREMENTS. Prior to initiating a nutrient reduction project, providers
shall submit a project plan proposal to the Division for review and approval that includes the
following elements:
(A) A site location and site boundaries of the proposed project.
(B) The geographic area eligible to be served by nutrient offset credits in accordance with
Paragraph (b) of this Rule or in compliance with in -lieu fee nutrient offset requirements
applicable at the time an in -lieu fee payment was accepted.
(C) Documentation of the conditions of the site at the time of the submittal of the project
plan.
(D) Documentation of the condition of the site during the baseline period of the applicable
nutrient strategy, unless excepted by Subparagraph (d)(1) of this Paragraph. The Division
may accept more recent documentation if it determines such documentation establishes
the probable loading condition of the site during the baseline period.
(E) A description of the proposed project that supports compliance with the standard in
Paragraph (c) of this Rule. Projects conforming to minimum design criteria for
stormwater control measures in 15A NCAC 02H .1050 through .1062 shall be deemed as
meeting this requirement. Design criteria for stormwater control measure variants and
additional nutrient reduction practices established in the Division's Catalog of Nutrient
Reduction Practices also meet this requirement.
(F) Nutrient credit calculations determined in conformance with Paragraph (d) of this Rule.
(G) Identification of the property owner and parties responsible for obtaining all permits and
other authorizations needed to:

(i) establish the proposed project;
(ii) construct and ensure initial performance of the project;
(iii) report on and successfully complete the project by completing all crediting
milestones;
(iv) hold and enforce all easement or other protection mechanisms; and
(v) ensure maintenance of the project for its credited duration.
(H) A description of how the project will be implemented, which shall include a timeline and
a commitment to provide an as -built report upon the full project construction or
installation.
(I) A description of how the project will be maintained and monitored after it has been
installed and for its duration.
(J) A description of how the project will be sustained for its credited life, including a
commitment to repair and renovate it as needed to maintain its performance, to keep
records of all such operation, maintenance, monitoring, repair and renovation, and to
notify the Division of any significant performance remediation needs and plans.
(K) Identification of federal or State grant funding contributing to project implementation.
(3) FINANCIAL ASSURANCES. Providers seeking approval of a nutrient offset bank shall provide
the financial assurance that a project plan will be constructed as proposed. The financial assurance
shall be in the form of a completion bond, credit insurance, letter of credit, escrow, or other
vehicle acceptable to the Division in accordance with this Subparagraph, payable to, or for the
benefit of, the Division, to ensure the involved property is secured in fee title or by easement and
that planting or construction, monitoring or maintenance are completed as necessary to meet the
requirements of the project plan.
(4) PROJECT PLAN APPROVAL. The Division shall approve the provider's project plan proposal
after verifying the provider's compliance with Subparagraphs (1), (2) and (3) of this Paragraph and
completing an onsite review to verify that preconstruction site conditions are suitable to generate
the credits proposed by the project plan. However, the Division may partially or fully waive these
requirements for term practices or projects if it determines that the burden of compliance is
disproportionate to the value of the credits being generated and alternative means are used to
satisfy the basic credit approval standard set forth in Paragraph (c) of this Rule.
(f) RELEASE AND ACCOUNTING FOR NUTRIENT OFFSET CREDITS. The Division shall release nutrient
offset credits from an approved project in the following manner:
(1) The Division shall release credits to providers upon confirmation that project -specific milestones
reflected in the project plan's credit release schedule have been met. Project -specific milestones
for permanent nutrient offset credits shall conform to the following requirements:
(A) Credits shall not be released until the property is secured in fee title or by easement and
financial assurance is posted for planting or construction of the project.
(B) No more than 50 percent of the credits shall be released for a project until financial
assurance is provided for monitoring and maintenance activities lasting until project
completion.
(C) No more than 80 percent of the credits shall be released for a project until the provider
complies with the requirements of Paragraph (g).
(2) Once credits are released for a nutrient offset bank and until bank closure, nutrient offset bank
providers shall provide a credit/debit ledger to the Division at intervals no less frequently than
quarterly.
(3) The Division shall not release any credits for a project if that project is financed in whole or in part
by State grant funding or federal grant funding.
(g) MAINTAINING PERMANENT NUTRIENT OFFSET CREDITS. All permanent nutrient offset projects shall
comply with the following requirements:
(1) A provider shall transfer responsibility for oversight of a completed permanent project to a
perpetual steward in accordance with this Paragraph and the approved project plan. A perpetual
steward may also transfer responsibility to another perpetual steward in accordance with the terms
of this Paragraph, subject to DWR approval. Perpetual stewards may not assume project
maintenance or restoration responsibilities.

(2) The provider shall create and transfer to the perpetual steward a non -wasting endowment or other
dedicated financial surety to provide for the oversight of the completed permanent project. The
endowment amount shall be proportionate to the duties accepted by the perpetual steward.
(3) For projects utilizing conservation easements, the provider shall acquire and then transfer a
conservation easement to a perpetual steward in accordance with 26 U.S.C. 170(h) and the
Conservation and Historic Preservation Agreements Act, G.S. 121, Article 4. The terms of the
conservation easement shall be consistent with a Division -approved template or be approved by
the Division as conforming to Paragraph (c) of this Rule. Non -governmental perpetual stewards
shall be accredited by the Land Trust Accreditation Commission or approved by the Division.
(4) For projects utilizing SCMs, they shall be placed in and protected by recorded drainage easements
with recorded access easements to the nearest public right-of-way for purposes of operation and
maintenance. These easements shall be granted in favor of the person or entity responsible for
operating and maintaining the structures, with a note as to the responsible person or entity.
Easements shall be of sufficient width for inspection and maintenance of the project.
The Division may temporarily or permanently invalidate permanent credits generated by an SCM
if it determines that the SCM has been impacted due to failure to comply with the terms of an
associated project plan, nutrient offset banking instrument, easement, maintenance agreement,
other protective agreement, or this Rule.
(5) Projects designed to restore a natural ecological community at the project site, which are
completed and then damaged by natural causes, may be passively restored exclusively through
natural ecological processes.
(h) RENEWING TERM NUTRIENT OFFSET CREDITS. Expiring term nutrient offset credits may be renewed by
the provider upon providing documentation to the Division that the project meets the credit approval standard
set forth in Paragraph (c) of this Rule for the duration of the renewal period.
(i) ADDITIONAL PROVISIONS REGARDING THE DIVISION OF MITIGATION SERVICES.
(1) DMS shall establish and revise nutrient offset rates as set out in 15A NCAC 02R .0602. Offset
payments accepted by DMS shall be placed into the Riparian Buffer Restoration Fund
administered by the Department pursuant to G.S. 143-214.21.
(2) On or before November 30 of each year, DMS shall provide an annual report to the Division
concerning the nutrient in -lieu fee program that includes a requirement ledger. The requirement
ledger shall include all nutrient offset credit requirements paid by 8-digit cataloguing unit or for
each geographic area identified in Paragraph (b) of this Rule, the date by which the requirement
shall be satisfied by a project, and the projects and credits that have been applied to all
requirements.
(3) Subject to the geographic restrictions in Paragraph (b) of this Rule, DMS may accept payments for
nutrient offset credits prior to initiating projects. After accepting payment, DMS shall construct
projects that, upon completion as described in the approved project plan, will generate nutrient
offset credits sufficient to fulfill all new requirements generated by these payments. Projects shall
be instituted before the end of the first full State fiscal year after DMS receives payment and
constructed before the end of the third full State fiscal year after DMS receives payment. DMS
may also acquire credits from another provider to apply toward its requirements.
(4) If DMS fails to meet deadlines associated with project institution or construction as specified in
Subparagraph (3) of this Paragraph, then DMS shall develop an action strategy to include in the
annual report specified in Subparagraph (2) of this Paragraph. Action strategies shall include all of
the following:
(A) a list of factors resulting in delays or deficiencies in procurement, project
implementation, or construction;
(B) specific actions and a timeline planned by DMS to satisfy outstanding credit requirements
such that a project will be instituted before the end of the first full state fiscal year after
the action strategy is submitted to the Division in the annual report and constructed
before the end of the third full state fiscal year after the action strategy is submitted to the
Division in the annual report, unless otherwise specified in the action strategy;
(C) the anticipated date by which all outstanding nutrient offset credit requirements will be
satisfied; and
(D) an evaluation of current progress in relation to any prior action strategies.

0) NUTRIENT OFFSET CREDIT TRANSACTIONS. Parties who seek to acquire nutrient offset credits under
rules of this Subchapter shall do so in compliance with those rules, the requirements of Paragraph (b) of this Rule,
G.S. 143-214.26, and the following:
(1) Offset payments made to DMS shall be contingent upon acceptance of the payment by DMS.
DMS shall consider its financial, temporal, and technical ability to satisfy the request to make its
determination.
(2) Where persons seek to satisfy regulatory obligations for more than one nutrient type, they shall
acquire nutrient reduction credits to address each type.
(3) Projects shall be approved and the associated offset credits released by the Division before they
may be utilized for NPDES wastewater permit compliance purposes.
(4) For offset credits used to meet NPDES wastewater discharge requirements, the applicant shall
provide 50 percent additional credits to address the uncertainty factor for using unmonitored
nonpoint source reductions to meet point source discharge limits. Application of this ratio is in
addition to other ratios that may be applied, including delivery or transport factors where
applicable. Exceptions to the application of this uncertainty factor are as follows:
(A) The uncertainty factor for wastewater dischargers in the Jordan Lake watershed shall
instead be determined in accordance with 15A NCAC 02B .0273(2)(d)(ii) until final
action is taken with respect to that rule's next readoption pursuant to G.S. 15013-21.3A,
S.L. 2016-94, and S.L. 2018-5.
(B) The uncertainty factor for wastewater dischargers in the Falls Lake watershed shall
instead be determined in accordance with 15A NCAC 02B .0282(2)(b)(i) until final
action is taken with respect to that rule's next readoption pursuant to G.S. 15013-21.3A,
S.L. 2016-94, and S.L. 2018-5.
(5) Delivery factors shall be applied to estimate nutrient reductions to an impaired water body subject
to a nutrient strategy if required under rules of this Subchapter for that strategy.
(6) Term credits may be utilized for compliance only during the year in which they are generated and
as described in Subparagraph (d)(2) of this Rule. They may not be cumulatively banked for future
years.
(k) DEVELOPER -RESPONSIBLE NUTRIENT OFFSET PROJECTS. A developer subject to new development
stormwater requirements of this Subchapter may satisfy its nutrient reduction obligations by generating its own
offsite credits. It may do so by establishing a nutrient offset bank and generating credits in accordance with this
Rule. Alternatively, the developer shall comply with all provisions of this Rule governing the generation of nutrient
offset credits by a provider with the following modifications:
(1) Instead of a credit release schedule, credit for the project may be assigned upon construction of the
project and submission to the Division of the as -built report as described in the project plan;
(2) Credit shall be assigned at a 50 percent rate based on the design specifications of the fully
completed project(s); and
(3) Liability for the generation of credits as described in the project plan remains with the developer
until the completion of all milestones associated with the project.
(1) NPDES WASTEWATER PERMITTEE-RESPONSIBLE NUTRIENT OFFSET PROJECTS. A locality,
authority, utility, or sanitation district operating a permitted wastewater facility subject to wastewater rules of this
Subchapter may generate nutrient offset credits by installing projects in accordance with this Rule. Any credits
generated may then be utilized for compliance purposes as if acquired from another provider.
History Note: Authority G.S. 143-214.1; 143-214.20; 143-214.21; 143-214.26;
Eff. August 1, 1998;
Amended Eff. August 1, 2006;
Amended Eff. September 1, 2010;
Recodied from I5A NCAC 02B. 0240 Eff. April], 2020;
Readopted Eff. April 1, 2020.

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Appendix F
City of Wilson Entities and Roles
Entity
Role
City of Wilson Stormwater Division I Bank Sponsor
City of Wilson Engineering Division I Long -Term Steward

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
June 5, 2020
Noah Parsons, Stormwater Compliance Specialist
City of Wilson
Post Office Box 10
Wilson, North Carolina 27894-0010
Appendix G
DWR # 2020-0579vl
Wilson County
Subject: APPROVAL OF SAND FILTER SCM TO GENERATE NUTRIENT OFFSET CREDITS
Whirligig Station Sand Filter System
Dear Mr. Parsons:
The Division of Water Resources (Division) recently received a Stormwater Management Plan (SMP) for
the Whirligig Station from McAdams Company on behalf of the City of Wilson. The proposed Stormwater
Control Measure (SCM) is a sand filter system that will be constructed by and for the City of Wilson with
the intent to generate nutrient load reductions for nutrient offset credits under 15A NCAC 02B .0703. The
design of the sand filter system and its associated nutrient reduction calculations were reviewed by the
Division for compliance with 15A NCAC 02H .1050 through .1062 and parts of 15A NCAC 02B .0703 (c-
d).
By copy of this letter, the Division hereby approves the SCM and authorizes that the proposed design for
the sand filter system meets the minimum design criteria as set out in 15A NCAC 02H .1050 and 1056.
Additionally, if designed, constructed and implemented in accordance with the SMP and supporting
documentation submitted to the Division, the project meets the nutrient offset credit approval standard
outlined inl5A NCAC 02B .0703 (c). Any changes or modifications to the SCM may require additional
review and prior approval from the Division.
By copy of this letter, the Division also approves the applicant's request to use the Neuse Method 2 Nutrient
Offset Calculations as the appropriate method to quantify the nitrogen nutrient offset credits that are
anticipated to be generated by this system. The calculations provided in the SMP estimate that the proposed
nutrient reduction project is likely to generate approximately 63.89 pounds (lbs.) of Nitrogen nutrient offset
credits per year if designed, constructed, implemented and sustained as proposed.
Additional project approval standards will be required if the City of Wilson decides to use the nutrient offset
credits from this nutrient reduction project as a Nutrient Offset Bank. Rule requirements for nutrient offset
banks and associated providers of the nutrient offset credits are defined more specifically in 15A NCAC
02B .0703 (e-g). If you have any questions or concerns regarding nutrient offset banks, please contact Katie
Merritt at katie.merritt&ncdenr.gov.
D Q
� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center j Raleigh, North Carolina 27699-1617
NORTH CAROLINA i
919.707.9000

DocuSign Envelope ID: D35A5166-5244-4F78-98AB-006E79DAF832
DWR 4 2020-0579v1
Page 2 of 2
If you have any questions or concerns regarding the SMP, please contact Chonticha McDaniel at
chonticha.mcdaniel&ncdenr.gov.
Sincerely,
DOCUSigned by:
94"" BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
cc: Rebecca Stubbs, PE — McAdams Company (via email)
Trish D'Arconte — DWR, Non -Point Source Planning Branch (via email)
Jim Hawhee — DWR, Non -Point Source Planning Branch (via email)
DWR 401 & Buffer Permitting Branch File

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Appendix I
Memorandum of Agreement
Between
City of Wilson Stormwater Division
and
City of Wilson Engineering Division
This agreement is made and entered into on this day of , 20 by and
between the City of Wilson Stormwater Division and City of Wilson Engineering
Division for maintenance procedures for purposes of upholding nutrient credits as
provided by the stormwater control measure (SCM), known as Whirligig Station Sand
Filter, as detailed in the Operation and Maintenance Agreement between the City of
Wilson and the North Carolina Department of Environmental Quality — Division of Water
Resources (DWR).
Now therefore, each party for maintenance of the SCM will carry out the following
responsibilities.
Responsibility of Parties:
City of Wilson Stormwater Division
Act as the Bank Sponsor in accordance with all responsibilities as outlined in the
Agreement to Establish the City of Wilson Whirligig Station Nutrient Offset
Banking Instrument in the Neuse River Basin for Nutrient Offset Credits Pursuant
to the Neuse Nutrient Management Strategy (Nutrient Offset Banking
Instrument).
Implement appropriate remedial actions in the case that the SCM fails to comply
with the attached Operation and Maintenance Agreement.
Maintain the SCM in accordance with the Operation and Maintenance (O&M)
Agreement which corresponds to the Whirligig Station Sand Filter Stormwater
Management Plan (SMP) approved by NCDEQ (June 5, 2020) (Attached).
City of Wilson Engineering Division
Uphold financial assurances for annual operation and maintenance costs and
potential major repair and replacement costs as detailed in the Nutrient Offset
Banking Instrument in perpetuity.
Ensure that the recorded drainage easements with recorded access easements are
upheld and are in accordance with the Nutrient Offset Banking Instrument.
Guarantee that SCM is maintained by the Bank Sponsor in accordance with the
Nutrient Offset Banking Instrument into perpetuity.
The spirit of this Agreement is one of mutual trust, confidence and the reliance upon each
other to do what is appropriate to maintain the nutrient offset SCM in order to provide the

Neuse Nutrient Strategy nutrient load reduction credit agreed upon in the Nutrient Offset
Banking Instrument.
Signed and Agreed to:
[NAME] [NAME]
[TITLE] [TITLE]
[ORGANIZATION] [ORGANIZATION]

This agreement, made and entered into this day of 20 , by and between
the City of Wilson, a political Municipality of the State of North Carolina (the "City") and the North Carolina
Department of Environmental Quality (NC DEQ) for the purposes of upholding nutrient credits as provided
by the stormwater control measure (SCM), (the "Facility"), to be maintained;
WITNESSETH:
Whereas, the City has adopted through the City Unified Development Ordinance certain
stormwater management regulations applicable to the property located in the City of Wilson, North
Carolina known as "Whirligig Station" ("the Property"), recorded in Plat Book 2560, Page 365, Wilson
County Registry; and
Whereas, such regulations, including but not limited to the City of Wilson Unified Development
Ordinance, Section 12, Erosion, Flood, Stormwater and Watershed Provisions, require the City to operate
and maintain the Facility to provide storage treatment of stormwater runoff as part of the development
of the Property; and
Whereas, the City has constructed an on -site stormwater control structure to satisfy the
requirements of such regulations, the boundaries and general description of such Facility being described
in Appendix A attached hereto and incorporated herein by reference; and
Whereas, the City is the Owner of the Facility; and
Whereas, as a condition of the credit generated by the Property, the City is required to operate
and maintain the Facility in perpetuity in a manner that accomplishes the stormwater control and
treatment intended, including but not limited to ongoing nutrient reduction, and to enter into an
agreement with NC DEQ securing that commitment;
Now, therefore, for and in consideration of the premises and the approval by NC DEQ of the
nutrient credits generated by the Property, the City does herby covenant and agree with NC DEQ that the
Property and Facility shall be held, operated, maintained, and encumbered pursuant to the covenants and
conditions hereinafter set forth;
1. No conveyance of Facility without new Agreement. The City covenants and agrees that it will not
convey, transfer, assign, lease or otherwise release or relinquish ownership or control of the
Facility, in whole or in part, unless and until the proposed new owner of the Facility, or any interest
therein, has entered into a SCM Operation and Maintenance Agreement with the City containing
substantially the same terms and conditions as this Agreement.
Page 1 of 9

2. Property Obligated. A legal description of all the property which is obligated to maintain the
Facility is attached hereto as Appendix A. All owners of each lot or parcel therein (or the sole
owner if there is but one parcel) at the time the obligation hereunder arises shall be ultimately
responsible for the compliance with the terms, conditions and obligations of the Agreement.
3. Operation and Maintenance. The City shall operate, maintain, repair, and, if necessary,
reconstruct the Facility in accordance with the provisions below:
a. Maintenance of the Facility shall be at least in accordance with instructions for all SCMs and
specifically, sand filters, as described in the current NC DEQ Stormwater Design Manual and
as specified in the Operation and Maintenance Plan, Appendix B. At minimum, maintenance
activities shall conform to the guidelines contained therein, and shall maintain the Facility as
designed for optimal functioning. For the project named herein, the specific SCM is described
in Appendix A.
b. An Annual SCM Certification shall be submitted by the City and approved by NC DEQ,
according to this Agreement. Annually, on or before December 31, the City shall submit to the
NC DEQ a certification, sealed by a registered Professional Engineer, that the Facility is
functioning as intended, plus a certification by the person or entity responsible for
maintenance that (1) the specific maintenance activities have occurred, (2) all nonroutine
maintenance has been listed and (3) that the Operation and Maintenance Plan is adequate to
ensure optimal functioning or that changes are recommended.
c. A notarized Operation and Maintenance Plan, Appendix B, shall be signed by the City and
submitted to NC DEQ prior to approval of this agreement. Changes to the Operation and
Maintenance Plan shall be submitted with the SCM Certification, if required to maintain
optimal functioning of the SCM or to remain in compliance with the maintenance
recommendations of the Manual. Proposed changes to the Operation and Maintenance Plan
are subject to approval by NC DEQ. Additional information may be required for reporting
purposes, as directed by NC DEQ or designee.
d. Landscaping of the area around the Facility shall not reduce the capacity or hinder operation
and maintenance of the Facility. Landscaping shall be maintained to ensure that landscape
materials live and prosper. Re -vegetation and stabilization of areas may be required by NC
DEQ or designee.
e. The Facility shall be maintained in a manner so as to control insects, odors and algae as
determined necessary by NC DEQ or designee.
f. Any fencing or other security measures shall be maintained in good condition. If no fencing
or security measures were included with original construction, they shall be added at the
City's expense at such time as NC DEQ or designee determines that unauthorized persons are
disturbing the Facility and that security measures will help prevent such unauthorized activity.
Page 2 of 9

g. Necessary non -routine maintenance actions shall be performed in a timely manner so as to
ensure continuous performance of the Facility. All non -routine maintenance activities shall be
noted in the next yearly report.
4. Right of Inspection by NC DEQ. The City hereby grants NC DEQ the right, privilege and easement
over, upon and across the Property lying between any public street or right of way and the Facility
for the purpose of inspecting, correcting, repairing, replacing or maintaining the Facility as
provided in this Agreement. This right, privilege and easement is appurtenant to and shall run
with the Property and Facility.
S. Remedies for Violations of this Agreement.
a. If the City shall fail to satisfactorily maintain or repair the Facility as set forth herein, or
otherwise violates this Agreement, NC DEQ may order the City to undertake necessary actions
to correct such violation. If the City fails to comply with such order within thirty (30) days from
the date thereof, NC DEQ in its sole discretion may enter the Property and perform all
necessary work to place the Facility in proper working condition. The full cost of performing
the work shall be a lien on the property as provided in G.S. 160A-193. In such event, NC DEQ
shall assess against the City all of its related costs and expenses (including but not limited to
employee time, material and supplies, vehicle and equipment use, administrative expenses,
plus all contract costs, if required for repairs, design or inspection) and the City hereby agrees
to timely pay the same. Where the City is the sole owner of the development, if this total
amount is not paid in full within three (3) months of the assessment, then each owner of
record shall become personally liable for such owner's proportionate share of the
assessment. If the proportionate share of the assessment is not paid in full by each such owner
within thirty (30) days following receipt of notice thereof from NC DEQ, then such amount
shall be a continuing lien on the property owned by each owner, such owner's heirs, devisees,
personal representatives, successors and/or assigns.
b. NC DEQ shall have the right to bring an action against the City and/or each individual owner
to recover all sums due, including its expenses, damages and its reasonable attorney fees,
seek injunctive and equitable relief, and/or such other and further relief as may be just and
appropriate.
c. The remedies provided by this paragraph are cumulative and are in addition to any other
remedies provided by law.
6. No Waiver of Breach. In the event of a breach of any term of this Agreement, any delay or failure
on the part of NC DEQ to exercise any rights, powers, or remedies herein provided shall not be
construed as a waiver thereof or acquiescence of such breach or any future breach.
7. Amendments. This Agreement maybe amended, revised or modified only by a written document
signed by the parties.
Page 3 of 9

8. Binding Effect. The conditions and restrictions set forth herein with regard to the Facility shall run
with the land and shall bind the City and any subsequent owner(s), its heirs, successors and assigns
and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant
with NC DEQ, its successors and assigns, and with each of them to conform to, comply with and
observe said conditions and restrictions. NC DEQ shall be deemed a beneficiary of the conditions
and restrictions set forth herein and such conditions and restrictions shall run with land in favor
of NC DEQ.
9. Warranties of Title. The City covenants and warrants that is lawfully seized and possessed of the
Facility and real estate described in Appendix A, that it has good right and lawful authority to
enter into this Agreement for the purposes herein expressed, and that no consent or waiver by
the holder of any mortgage, deed of trust, or other security instrument, or any other person, firm,
or corporation is required prior to entering in this Agreement.
10. Interpretation. Use of the masculine gender herein includes the feminine and neuter, and the
singular number used herein shall equally include the plural. The captions preceding the various
provisions of this Agreement are for the convenience of reference only, and shall not be used as
an aid in interpretation or construction of this Agreement. The laws of North Carolina shall govern
this agreement.
11. Severability. Invalidation of any one of these covenants or conditions by judgement or order of
any court shall in no way affect any of the other provisions, which shall remain in full force and
effect.
Page 4 of 9

City of Wilson:
Title & Organization:
Street address:
City, state, zip:
Contact Phone number(s):
Contact Email:
Signature:
Date:
I, _ a Notary Public for the State of
do hearby certify that
before me this day of
and Maintenance Agreement.
Witness my hand and official seal,
County of
personally appeared
and acknowledge the due execution of the Operations
My commission expires
Page 5 of 9

NC DEQ:
Title & Organization:
Street address:
City, state, zip:
Contact Phone number(s):
Signature:
Contact Email:
Date:
a Notary Public for the State of
, do hearby certify that
before me this day of
and Maintenance Agreement.
Witness my hand and official seal,
County of
personally appeared
and acknowledge the due execution of the Operations
My commission expires
Page 6 of 9

Appendix A.
Description of the Facility (SCM) and Property Obligated to Maintain Facility
Stromwater control measure providing stormwater nutrient removal for the subject Property identified
as "Whirligig Station" is more particularly identified as:
"Whirligig Station Sand Filter" (SCM) located at beneath the parking lot south of Tarboro Street W,
between Kenan Street SW and Barnes Street SW in Wilson, North Carolina.
All of the Property known as "Whirligig Station" is recorded in Book 2560, Page 365 in the Wilson County
Registry.
Page 7 of 9

Appendix B.
Sand Filter Maintenance Requirements
Important maintenance procedures:
- The drainage area will be carefully managed to reduce the sediment load to the sand filter.
The sedimentation chamber or forebay will be cleaned out whenever sediment depth exceeds six
inches.
- Once a year, sand media will be skimmed.
- The sand filter media will be replaced whenever it fails to function properly after maintenance.
The sand filter shall be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches (or 1.5
inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be
available upon request.
Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.
BMP element:
Potential problem:
How to remediate the problem:
Entire BMP
Trash/debris is present.
Remove the trash/debris.
Adjacent pavement (if
Sediment is present on the pavement surface.
Sweep or vacuum the sediment as
applicable)
soon as possible.
Perimeter of sand filter
Areas of bare soil and/or erosive gullies have
Regrade the soil if necessary to
formed.
remove the gully, and then plant a
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Vegetation is too short or too long.
Maintain vegetation at an
appropriate height.
Flow diversion structure
The structure is clogged.
Unclog the conveyance and
dispose of any sediment offsite.
The structure is damaged.
Make any necessary repairs or
replace if damage is too large for
repair.
The inlet device
The pipe is clogged.
Unclog the pipe. Dispose of the
sediment off -site.
The pipe is cracked or otherwise damaged.
Replace the pipe.
Erosion is occurring in the swale.
Regrade the swale if necessary to
smooth it over and provide
erosion control devices such as
reinforced turf matting or riprap
to avoid future problems with
erosion.
Page 8 of 9

Stone verge is clogged or covered in sediment (if
Remove sediment and replace
applicable).
with clean stone.
Forebay or pretreatment
Sediment has accumulated to a depth of greater
Search for the source of the
area
than six inches.
sediment and remedy the problem
if possible. Remove the sediment
and stabilize or dispose of it in a
location where it will not cause
impacts to streams or the BMP.
Erosion has occurred.
Provide additional erosion
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If a pesticide is used, wipe it
on the plants rather than spraying.
Filter bed and underdrain
Water is ponding on the surface for more than 24
Check to see if the collector
collection system
hours after a storm.
system is clogged and flush if
necessary. If water still ponds,
remove the top few inches of filter
bed media and replace. If water
still ponds, then consult an expert.
The outlet device
Clogging has occurred.
Clean out the outlet device.
Dispose of the sediment off -site.
The outlet device is damaged
Repair or replace the outlet
device.
The receiving water
Erosion or other signs of damage have occurred at
Contact the local NC Department
the outlet.
of Environment and Natural
Resources Regional Office.
Page 9 of 9

Appendix J
CITY OF WILSON, NORTH CAROLINA
STORMWATER MANAGEMENT FUND
STATEMENT OF REVENUES AND EXPENDITURES - BUDGET AND ACTUAL (ENCUMBRANCES INCLUDED)
FOR THE SEVEN MONTHS ENDED JANUARY 31, 2021 AND 2020
OPERATING REVENUES:
Stormwater Fee
Erosion Control Fee
Land Disturbance Fee
Total Operating Revenues
NONOPERATING REVENUESI(EXPENSES):
Investment Income
Intergovernmental Revenue
Other
Total Nonoperating Revenues
TOTALREVENUES
FUND BALANCE APPROPRIATED
EXPENDITURES:
Current Operating:
Personnel
Contract Labor
Staff development
Supplies
Meeting supplies
Maintenance
Miscellaneous
Storm sewer maintenance
Contractual
Litter control and abatement
Soil Erosion/Sedimentation Control Program
Miscellaneous other cost redistribution
General Fund administrative charge
Clean water management grant
Capital Outlay
Total
2021
..........................................................................................................................................................................................
Percent
2020
Budget
Actual
Encumbrances
Total
of Budget
Actual
$ 4,385,000 $
2,808,686
$ $
2,808,686
64.1% $
2,515,957
3,500
3,591
3,591
102.6%
5,016
8,000
6,678
6,678
83.5%
10,021
4,396,500
2,818,955
0
2,818,955
64.1%
2,530,994
0
34,944
34,944
0.0%
31,608
0
0
0
0.0%
0
8,940
13,351
13,351
149.3%
43,709
8,940
48,295
0
48,295
540.2%
75,317
4,405,440
2,867,250
0
2,867,250
65.1%
2,606,311
92,354
0
0
0
0.0%
0
647,980
366,023
0
366,023
56.5%
357,013
0
0
0
0
0.0%
0
7,500
1,677
0
1,677
22.4%
3,823
59,900
11,681
537
12,218
20.4%
14,593
500
0
0
0
0.0%
34
792,843
255,849
52,905
308,754
38.9%
72,656
57,723
36,058
2,330
38,388
66.5%
20,824
750,000
568,751
0
568,751
75.8%
702,272
1,551,608
407,894
56,447
464,341
29.9%
400,059
168,500
98,292
0
98,292
58.3%
98,292
2,000
0
0
0
0.0%
0
0
0
0
0
0.0%
0
149,240
87,057
0
87,057
58.3%
67,422
0
0
0
0
0.0%
0
260,000
1,099
3,901
5,000
1.9%
2,513
4,447,794
1,834,381
116,120
1,950,501
43.9%
1,739,501
Total Expenditures 4,447,794 1,834,381 116,120 1,950,501 43.9% 1,739,501
REVENUES OVER (UNDER) EXPENDITURES 50,000 1,032,869 (116,120) 916,749 1833.5% 866,810
OTHER FINANCING SOURCES & (USES)
Contributions to Other Agencies
0
0
0
0
0.0%
0
Operating Transfers from Other Funds
0
0
0
0
0.0%
0
Operating Transfers to Other Funds
0
0
0
0
0.0%
(150,000)
Contingency
(50,000)
0
0
0
0.0%
0
REVENUES AND OTHER SOURCES OVER
(UNDER) EXPENDITURES AND OTHER USES $
0 $
1,032,869 $
(116,120) $
916,749
0.0% $
716,810
6/2/2021 8:02 PM

Appendix K
A� " CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/D D/YYYY)
07/29/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
CONTACT Megan Unsworth, CIC, CSRM
NAME:
Surry Insurance
PHONEo [phone] FAx [phone]
A/C A/
NExt : C, No
P. O. Box 128
E-MAIL [e-mail]
ADDRESS:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURERA: The Travelers Indemnity Company
25658
Dobson NC 27017-0128
INSURED
INSURER B : City of Wilson
City of Wilson
INSURER C : Safety National Casualty Corporation
15105
PO Box 10
INSURER D : Travelers Property Casualty Company of America
36161
INSURER E :
Wilson NC 27894
INSURER F :
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCEAUULbUbil
INSD
WVD
POLICY NUMBER
POLICY EFF
MM/DD/YYYY
POLICY EXP
MM/DD/YYYY
LIMITS
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
$ 1,000,000
IRETED CLAIMS -MADE 19OCCUR
DAMAGE TO
PREM SES (Ea occurrence)
$ 500,000
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$ 1,000,000
A
ZLP-91M81179
07/01/2020
07/01/2021
GEN'L AGGREGATE LIMIT APPLIES PPER
GENERAL AGGREGATE
$ 2,000,000
POLICY 1:1PRO LInLOC
PRODUCTS-COMP/OP AGG
$2,000,000
Self-Insd Retention
$ 500,000
OTHER:
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
$ 1,000,000
BODILY INJURY (Per person)
$
ANY AUTO
A
OWNED SCHEDULED
AUTOS ONLY AUTOS
810-2C413255
07/01/2020
07/01/2021
BODI LY I NJ U RY (Pe r accide nt)
$
PROPERTY DAMAGE
Per accident
$
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
Self-Insd Retention
$ 500,000
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE
$ 4,000,000
AGGREGATE
$ 4,000,000
D
EXCESS LAB
CLAIMS -MADE
ZUP-15T86982
07/01/2020
07/01/2021
11
DED 11 X1 RETENTION $ 10,000
$
WORKERS COMPENSATION
X1 PER OTH-
B,C
AND EMPLOYERS' LIABILITY Y / N
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? �
(Mandatory in NH)
NIA
Qualified Self-Insd/SP 4058758
07/01/2020
07/01/2021
STAT UTE ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
1,000,000
$
A
Property
KTK-CMB-0804R02-0-18
07/01/2020
07/01/2021
Blanket Limit
Deductible
110,000,000
25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Wilson
ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 10
AUTHORIZED REPRESENTATIVE
Wilson NC 27894
uuu,�O
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

Appendix J
City of Wilson Stormwater Master Account Budget Excerpt Example
Account
Description
Budget
Actual
Balance
342-7606-573.30-36
DISTRIBUTION SYSTEM MAINT/ MAINTENANCE OF MAINS
$60,000.00
$8,805.62
$51,194.38
342-7606-573.30-35
DISTRIBUTION SYSTEM MAINT/LANDSCAPE RESTORATION
$25,000.00
$18,000.00
$7,000.00
342-7606-573.30-42
DISTRIBUTION SYSTEM MAINT/STREAM BANK STABILIZATIO
$184,343.00
$165,629.07
$18,713.93
342-7606-573.30-44
DISTRIBUTION SYSTEM MAINT/INFRASTRUC ASSET MANAGE
$400,000.00
$44,271.50
$355,728.50
342-7606-573.30-45
DISTRIBUTION SYSTEM MAINT/MITIGATION BANKING
342-7606-573.31-00
MAINTENANCE/ MAINTENANCE OF EQUIPMENT
$25,000.00
$26,597.28
-$1,597.25
342-7606-573.32-00
MAINTENANCE / MAINTENANCE OF VEHICLES
$60,000.00
$35,788.90
$24,211.10
342-7606-573.35-00
MAINTENANCE/STORM SEWER MAINTENANCE
$750,000.00
$641,951.13
$108,048.87
XXX-XXXX-XXX.XX-XX
MAINTENANCE/ WHIRLIGIG NUTRIENT OFFSET SITE SCM ANNUAL
$6,150.00